As a domestic violence defense lawyer in Illinois, I understand the gravity of the charges you are facing. Illinois takes domestic violence very seriously, and the consequences of a conviction can be life-altering. However, there are several defense strategies that we can use to fight these charges effectively. Let’s walk through some key defense strategies that I might employ on your behalf.
Understanding Domestic Violence Under Illinois Law
Under Illinois law, domestic violence is defined by the Illinois Domestic Violence Act (750 ILCS 60). It includes physical abuse, harassment, intimidation, and interference with personal liberty among family or household members. The definition of family or household members is broad and includes spouses, former spouses, parents, children, stepchildren, people who share or formerly shared a common dwelling, people who have or allegedly have a child in common, people who share or allegedly share a blood relationship through a child, and people who have or have had a dating or engagement relationship.
Common Defense Strategies
1. Self-Defense – One of the most common defenses is self-defense. If you were protecting yourself from imminent harm, this can be a valid defense. We need to show that you had a reasonable belief that you were in danger and used appropriate force to protect yourself.
2. False Allegations – Unfortunately, false accusations are very common, particularly in situations involving contentious divorces or child custody disputes. We will gather evidence to demonstrate inconsistencies in the accuser’s story, motives for making false allegations, and any lack of physical evidence.
3. Lack of Evidence – The prosecution must prove the charges beyond a reasonable doubt. If there is insufficient evidence to support the claims, we can argue that the case does not meet the necessary legal standard for a conviction. This might involve challenging the credibility of witnesses or questioning the lack of physical evidence.
4. Accidental Injury – Sometimes injuries occur accidentally, and there was no intent to harm. If we can show that any injuries were unintentional, this can be a viable defense. This might include demonstrating that the alleged victim’s injuries were the result of an accident or a mutual struggle without intent to cause harm.
5. Violation of Rights – We will scrutinize the actions of law enforcement to ensure that your rights were not violated during the investigation or arrest. If your rights were infringed upon, such as being subjected to an unlawful search or seizure, we might be able to have key evidence excluded from the case.
FAQs About Domestic Violence Defense Law In Illinois
What constitutes domestic violence under Illinois law?
Under Illinois law, domestic violence includes physical abuse, harassment, intimidation, and interference with personal liberty among family or household members as defined by the Illinois Domestic Violence Act. This broad definition covers a wide range of relationships and behaviors.
Can I be charged with domestic violence without physical harm?
Yes, you can. Illinois law covers various forms of abuse, including emotional and psychological abuse, harassment, and intimidation. You don’t have to inflict physical harm to face domestic violence charges.
What happens if the alleged victim wants to drop the charges?
In Illinois, the decision to prosecute a domestic violence case is ultimately up to the state, not the alleged victim. Even if the alleged victim wants to drop the charges, the prosecution can still move forward if they believe there is sufficient evidence.
How can I defend myself against false accusations of domestic violence?
Defending against false accusations involves gathering evidence to demonstrate inconsistencies in the accuser’s story, potential motives for making false claims, and any lack of physical evidence. Witness testimonies, communication records, and other documentation can be crucial in building your defense.
What are the potential penalties for a domestic violence conviction in Illinois?
Penalties can vary widely depending on the specifics of the case, including the severity of the allegations and any prior history of domestic violence. They can range from probation and mandatory counseling to significant fines and lengthy prison sentences. This underscores the importance of a strong defense.
Call Our Domestic Violence Lawyer In Illinois For Exceptional Legal Representation
If you or a loved one is facing domestic violence charges in Illinois, it is imperative to seek legal representation at the earliest opportunity. At Edward Johnson & Associates, P.C., we are dedicated to providing the support and defense you need. Our legal professionals will work tirelessly to protect your legal rights and build a robust defense on your behalf. Contact our domestic violence lawyer in Illinois at Edward Johnson & Associates, P.C. by calling 708-762-8666 to receive your free consultation. Let’s take the first step together in fighting these charges and safeguarding your future.